| 115th Year, 50th Issue | Thursday, July 22, 2004 | Sparta, North Carolina |
An answer has been filed in the Blue Ridge Electric Corporation lawsuit, according to documents on file at the Ashe County Courthouse. The answer and counterclaims, as well as BREMCO's motion for a protective order were filed on June 30. These were on file at the Ashe County Courthouse on July 1.
In the corporation's answer and counterclaims, the company states that the lawsuit should not be designated as a class action suit.
"Further answering the class action complaint and without waiving any other defenses, Blue Ridge states that a class action is not proper and fails on each element of presenting a class; numerousity and adequacy of representation of non-named plaintiffs."
As stated in a June 17 story, BREMCO has asked that claims set forth against them by Ashe County residents John A. and Imajean Weaver and Herbert N. and Bobbie M. Francis be dismissed through a motion to abate.
"Allegations against each of these plaintiffs in the class action complaint are not being responded to until a ruling on the motion to abate. Blue Ridge expressly reserves the right to substantively respond including denials of any of the allegations by Weaver and Francis and assert any affirmative defenses and counterclaims against them following the ruling on the motion to abate if needed."
In allegations regarding damaged property, including damaged crops in Christmas tree and hay fields, the document states that it was, in some cases, necessary to clear rights-of-way and grade land.
"Blue Ridge upgraded transmission lines on some members' properties and built new transmission lines on some members' properties. It is further admitted that for some of these upgraded transmission lines and new transmission lines, it was necessary to grade land, add gravel and cut trees and bushes on the property.
"It is further admitted that, in one instance, Blue Ridge traversed a
portion of a Christmas tree field that was subject to an easement."
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